Insurance Law and Bad Faith Litigation

The Bolender Law Firm focuses its insurance law practice exclusively on assisting policyholders in the wrongful denial of insurance claims. We evaluate the terms of insurance policies and the circumstances of our clients’ claims to evaluate whether their loss or injury comes within the scope of their insurance coverage. We negotiate with insurance companies to reconsider and pay denied claims. If necessary, we initiate formal dispute resolution proceedings such as filing a lawsuit against insurance companies in state and federal court.

A Promise to Protect

Insurance is a promise that the insurance carrier will promptly provide the benefits owed under the insurance policy. In purchasing insurance, businesses and individuals rely upon the promise of insurance protection to manage their risks and to achieve a measure of peace of mind.

But often, insurance carriers deny claims that should be paid. Wrongfully denied claims arise from human error by the claims representative; inadequate staffing and training by claims management; or deliberate claims handling practices that fail to treat the policyholder in good faith.

While the vast majority of covered claims are paid by insurance carriers, they often “get it wrong” by engaging in the following conduct:

  • Adopting an unreasonable interpretation of an exclusion
  • Failing to conduct a proper investigation
  • Paying only a portion of the insurance benefits
  • Refusing to pay a claim on a timely basis
  • Denying a claim for an improper reason

Bad Faith Insurance Practices

State and federal law affords many protections against insurance carriers that wrongfully deny insurance claims. The law of contracts imposes rules that the insurance carriers are supposed to follow when interpreting the language of the policy. They are not allowed to adopt a narrow interpretation if certain language is unclear, and quite often, language in an insurance policy is unclear. Insurance carriers are also not allowed to unreasonably delay the investigation and resolution of your claim. If an insurance carrier withholds insurance benefits in “bad faith,” they can be held liable for damages in excess of the limits of the insurance for acting in a malicious, fraudulent, or oppressive manner.

Do not assume the insurance carrier is on your side. Insurance carriers are companies with owners who seek profits, and they often place their own interests above those of their policyholders. If your claim has been rejected, you need someone on your side to examine the circumstances of the claim, the provisions of the insurance policy, the insurance carrier’s investigation and decision to pay or withhold policy benefits. An examination by a qualified insurance lawyer can reveal whether you may have the basis to successfully challenge the claim denial by the insurance carrier.

What We Do for Our Clients

When a claim for insurance benefits is denied or disputed, we perform legal research and analysis as to whether the policy’s language brings the claim within or outside the scope of the insurance policy’s insurance protection. We advise policyholders as to their rights and obligations based upon our research and prediction of how a civil court would rule if the disputed claim for insurance benefits is litigated. The firm’s practice includes a wide variety of insurance products, including

  • Homeowners Insurance
  • Commercial Property Insurance
  • Commercial General Liability Insurance
  • Professional Liability Insurance
  • Automobile Insurance

We have been successful on countless occasions in persuading insurance carriers to reverse the insurance claim denial and pay policy benefits. Quite often, all that is required is a well-written letter to the insurance carrier explaining the reasons why the insurance claim should be paid. When disputed insurance claims cannot be resolved informally, the Bolender Law Firm advocates on behalf of policyholders in litigation, arbitration, and non-binding mediation. We have broad experience in state and federal courts, both at the trial and appellate level.

Ratings and Reviews

10.0Jeffrey S. Bolender
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